collective agreements may provide trade Union members in trade unions organized workers better. This is not contrary to the basic law, decided by the Federal constitutional court in Karlsruhe published decision. The highest German court rejected a constitutional complaint of a non-unionised workers, who saw a so-called differentiation clause at a disadvantage. Such clauses in collective agreements, certain benefits are only Union members benefit.
The Union had specifically negotiated for their members in collective contract Bypass and termination benefits. For non-members the provisions of the labour agreement and the social plan were considered. The Complainant wanted to members the same benefits as a Union. Before the labour court, he was successful. However, the regional labour court of Munich and the Federal labour court rejected his complaint – to be decided right now the constitutional judges.
article 9, paragraph 3 of the basic law, Sagittarius the freedom of associations to stay away from. There is no compulsion should not lead to a membership in a trade Union, stressed the court. That would actually violate the Constitution. However, in the present case, the judge saw no coercion, as long as the unequal treatment is merely a “de facto incentive to join a trade Union.” Of the Complainant’s General claimed “preventive” print had not been substantiated. Also, the special protection against dismissal for those who were to a certain date in the trade Union, was not objectionable.
Anyway, the Union only agreements for their members. She was already obligated due to the autonomy of collective bargaining, to consider all employees equally (Az.: 1 BvR 1278/16 decision from 14. November 2018).
